The Web site is offered and available to users who are 13 years of age or older. By using this Web site, you represent and warrant that you are 13. If you are not 13, you must not use this Web site.
1. Acceptance of Agreement.
3. Service Marks.
“NAPCP.com”, “NAPCP,” “National Association of Professional Child Photographers,” and all related names, logos, product and service names, designs and slogans are our service marks and trademarks or registered service marks or trademarks. Other product and company names mentioned on NAPCP.com may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use NAPCP.com strictly in accordance with this Agreement; (b) to use NAPCP.com solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from NAPCP.com solely for internal, personal, non-commercial purposes and not for further reproductions, publication and distribution, and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of NAPCP.com or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
6. Forms, Agreements & Documents
NAPCP may make available through NAPCP.com or through other web sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sub-license, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. The Documents are provided “as is,” “as available,” and with “all faults,” and NAPCP and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through NAPCP.com is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to NAPCP.com. Your use of information on NAPCP.com or materials linked to NAPCP.com is entirely at your own risk. NAPCP is not a law firm and NAPCP.com is not a lawyer referral service.
8. Linking to the Web Site.
You may provide links to NAPCP.com, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on NAPCP.com, (b) your web site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to NAPCP.com immediately upon request by NAPCP.
NAPCP.com may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on NAPCP.com is accurate and complies with applicable laws. NAPCP is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
11. Errors, Corrections and Changes.
NAPCP does not represent or warrant that NAPCP.com will be error-free, free of viruses or other harmful components, or that defects will be corrected. NAPCP does not represent or warrant that the information available on or through NAPCP.com will be correct, accurate, timely or otherwise reliable. NAPCP may make changes to the features, functionality or content of NAPCP.com at any time. NAPCP reserves the right in our sole discretion to edit or delete any documents, information or other content appearing on NAPCP.com. We will not be liable if for any reason all or any part of the Web site is unavailable at any time or for any period.
12. Third-Party Content.
Third-party content may appear on NAPCP.com or may be accessible via links from NAPCP.com. NAPCP is not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on NAPCP.com. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect NAPCP’s belief.
NAPCP may terminate this Agreement at any time. Without limiting the foregoing, NAPCP shall have the right to immediately terminate a member’s account in the event of any conduct by the user which NAPCP, in its sole discretion, considers to be unacceptable, or in the event of any breach by the member of this Agreement.
14. Unlawful Activity.
NAPCP reserves the right to investigate complaints or reported violations of this Agreement and to take any action NAPCP deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Your right to use NAPCP.com is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH NAPCP.COM ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NAPCP AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NAPCP AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NAPCP AND YOU. NAPCP.COM AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAPCP THROUGH NAPCP.COM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
18. Limitation of Liability
(a) NAPCP and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind, under any legal theory, resulting in any way from (a) any errors in or omissions from NAPCP.com or any services or products obtainable therefrom, (b) the unavailability or interruption of NAPCP.com or any features thereof, (c) your use of NAPCP.com, (d) the content contained on, or any services obtained through, NAPCP.com, (e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF NAPCP AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEB SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
19. Use of Information.
20. Third-Party Services.
NAPCP may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. NAPCP is not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEB SITES OR ANY OTHER WEB SITE LINKED TO NAPCP.com.
21. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant web sites. NAPCP is not responsible for information provided by you to Merchants. NAPCP.com and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. NAPCP payment plan: By subscribing to the NAPCP membership payment plan, you are agreeing to pay NAPCP the total balance for the payment plan option you subscribed. Early cancelation of your membership does not exclude you from your agreement to pay your one year of membership dues. NAPCP payment plan option will be paid off in monthly installments starting on the date you first set up your payment plan account and ending after the twelve (12) month payment is received by NAPCP. Early cancelation will require a payoff of the remaining balance of your membership agreement.
24. Securities Laws.
NAPCP.com may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on NAPCP.com, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. NAPCP.com and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of NAPCP’s securities-related filings or documents.
25. Links to other Web Sites.
NAPCP.com contains links to other web sites. NAPCP is not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by NAPCP. Inclusion of any linked web site NAPCP does not imply approval or endorsement of the linked web site by us. If you decide to leave NAPCP.com and access these third-party web sites, you do so at your own risk.
26. Copyrights and Copyright Agents.
NAPCP respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NAPCP’s Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Web site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. NAPCP’s Copyright Agent for Notice of claims of copyright infringement on NAPCP.com can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org. For more information about Copyright information, please contact:
Library of Congress
Public Information Office
101 Independence Avenue,
S.E. Washington, D.C. 20559
Office: (202) 707-3000
27. Information and Press Releases.
NAPCP.com contains information and press releases about us. NAPCP disclaims any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by NAPCP.
28. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of NAPCP.com and the Content and Materials provided therein.
29. User Contributions.
30. Monitoring and Enforcement: Termination.
31. Monitoring and Enforcement: Termination.
32. Governing Law.